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File #: 100686.    Version: Name: Pet Sitting in Single Family Neighborhoods (B)
Type: Discussion Item Status: Filed
File created: 7/21/2011 In control: Community Development Committee
On agenda: Final action: 7/21/2011
Title: Pet Sitting in Single Family Neighborhoods (B) This is a referral from the Community Development Committee that requests amendment of the Land Development Code to allow Pet Sitting as a Specially Regulated Use by Special Use Permit in Single Family neighborhoods.
Attachments: 1. 100686A_Attorney Presentation_20110322.pdf, 2. 100686B_City Comm Minutes 2-3-11_20110322.pdf, 3. 100686C_Memo dated 8-30-10_20110322.pdf, 4. 100686D_Review of Home Business_20110322.pdf, 5. 100686E_City Comm Agenda 11-22-10_20110322.pdf, 6. 100686F_Attorney Email dated 9-1-10_20110322.pdf, 7. 100686G_BOA Packet 11-02-10_20110322.pdf, 8. 100686A_Attorney Presentation_20110721.pdf, 9. 100686B_City Comm Minutes 2-3-11_20110721.pdf, 10. 100686C_Memo dated 8-30-10_20110721.pdf, 11. 100686D_Review of Home Business_20110721.pdf, 12. 100686E_City Comm Agenda 11-22-10_20110721.pdf, 13. 100686F_Attorney Email dated 9-1-10_20110721.pdf, 14. 100686G_BOA Packet 11-02-10_20110721.pdf
Title
Pet Sitting in Single Family Neighborhoods (B)

This is a referral from the Community Development Committee that requests amendment of the Land Development Code to allow Pet Sitting as a Specially Regulated Use by Special Use Permit in Single Family neighborhoods.

Explanation
On November 2, 2010, the Board of Adjustment held a quasi-judicial hearing on Petition BA-10-07APP filed by Sondra Randon, Esquire, agent for Bruce Wayne Baber, appealing an administrative decision of the Planning and Development Services Department that a dog sitting business operated at 1713 NW 7th Avenue, is not a legal non-conforming use or a use by right in the RSF-2 (4.6 units/acre single family residential district) zoning district.
After hearing testimony from staff, the applicant and citizens, the Board of Adjustment voted 3-2 to allow Mr. Baber to keep animals other than as pets, with the provision that maintaining animals other than as pets at his single-family residential property cannot be done as a business, and compensation cannot be accepted for doing so.

This matter was appealed to the City Commission by an adjacent property owner and the City Commission heard the appeal on February 3, 2011. After hearing testimony from the appellant, the staff Board of Adjustment representative, the agent for the affected party and citizens, the City Commission reversed the Board of Adjustment's decision and moved that the matter be referred to the Community Development Committee to consider amending the Land Development Code to allow Pet Sitting in Single Family Neighborhoods.

At the March 22, 2011 and April 26, 2011 meeting the Pet Sitting in Single Family neighborhoods referral was heard by the Committee. Staff was directed to review and comment on the proposal as submitted by the affected party's agent on March 15, 2011. Staff's comments were as follows:

1. A definition of Pets needs to be specifically provided and focused on cats/dogs;

2. No conflict would...

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